As Gay Marriage is Legalized in New York, LGBT Immigrants are Cautiously Optimistic

While
LGBT immigrant groups celebrated the recent passage of the right for same-sex
couples to marry in New York, their response was more subdued than other gay
advocacy groups. Even though civil rights progress for one group often benefits
the other, there are still major hurdles same-sex immigrant couples must
overcome to fully participate in the victory.

Immigrants
to the US face discrimination similar to LGBT individuals here –
marginalization and prejudice are hallmarks of their shared experience. Each
group understands oppression and may feel the necessity to hide their
identities to protect themselves. However, there is a tension between these
groups despite their mutual struggles.

Immigrant
communities, especially their older members, may continue to harbor
conservative views toward homosexuality. LGBT individuals coming to the US may
not feel comfortable being open about their sexual identities if their primary
affiliation is to these communities.

For
those fleeing persecution on the basis of their sexual identity, the US can
seem like a haven. However, there are numerous challenges facing LGBT
immigrants. First of all, many LGBT individuals fleeing persecution may not be
aware of the possibility of applying for asylum, leading many to miss the
one-year filing deadline. Second, these individuals often seek out communities
composed of people from their home country, preventing them from comfortably
expressing their sexual identities out of fear of rejection or persecution.
Third, LGBT groups in the US may express racial, cultural, or economic
prejudice against immigrants, forcing them to remain closeted within their
cultural communities.

Additionally,
even though gay immigrants in New York may now be able to marry their partners,
there are no immigration benefits conferred as a result of that marriage. Until
same-sex marriage legislation is passed at the federal level, immigrants are
not able to obtain permanent residence or citizenship if they marry a US
citizen. Nor may a gay “green card” holder petition to bring a same-sex partner
from another country to the US on a fiancé visa. In many ways, gay immigrants’
reality changes little despite this landmark legislation.